Case Law Details
Jyoti Electricals Vs Union of India (Patna High Court)
Patna High Court has ruled in the case of Jyoti Electricals Vs Union of India, where the petitioner challenged the cancellation of their GST registration. The court found that the GST Registration cancellation order provided no reasons and violated principles of natural justice. Citing a previous judgment in the case of Manoj Kumar Sah versus The State of Bihar and Anr. in W.J.C. No. 18307 of 2022, the court emphasized the need for a speaking order and quashed the cancellation. Additionally, the court highlighted a Notification No. 03/2023 – Central Tax dated 31.03. 2023 allowing for the invocation of cancellation if returns are filed and payments made. As a result, the court directed a reconsideration of the issue.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
1. The petitioner is aggrieved with the cancellation of registration by Annexure- 2 order dated 11.07.2022. An appeal was filed which is pending before the appellate authority.
2. We have looked at the order at Annexure- 2, especially since the learned counsel for the petitioner has argued that it is a non-speaking order. We see from the order that there is no reason stated as to why the cancellation was ordered and not even the subject of the notice is referred to in the order.
3. It is the submission of the learned counsel for the State that the form GST REG-19 has been adopted by the Assessing Officer.
4. We extract form GST REG-19:-
5. As we see from the Bihar Goods and Services Taxes Rules, 2017, GST REG-19 has a specific column where reasons have to be assigned. However, the Assessing Officer seems to be laboring under the belief that when an assessee does not appear or an objection is not filed, no reasons have to be assigned.
6. We cannot countenance the said order, especially when there is absolutely no reason stated regarding the cancellation of registration.
7. We also notice the judgment of another Hon’ble Division Bench of this Court passed in Manoj Kumar Sah versus The State of Bihar and Anr. in W.J.C. No. 18307 of 2022 wherein it has been stated so:-
” It cannot be disputed that with the passing of the said order, petitioner is liable to both civil and penal consequences. To say the least, the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done. Not only the order is non-speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences. “
8. The impugned order in the instant writ petition also suffers from the very same illegality which has been pointed out by the Division Bench. In such circumstances, we set aside the order at Annexure- 2 and direct reconsideration of the issue.
9. In this context, we also notice that notification No. 3 of 2023 has been brought in by the Central Government on the recommendations of the G.S.T. Council wherein if the cancellation has been effected for failure to file returns under clause (b) or clause (c) of Sub-section (2) of Section 29, there is a further period allowed up to 30.06.2023, wherein the registered person can apply for invocation of cancellation. This is also subject to the condition that the return should be filed up to the effective date of cancellation of registration and the payment of tax, interest, penalty and late fee in respect of such returns have also been made. The assessee would also be entitled to avail of the said remedy if the cancellation has been effected under clause (b) or clause (c) of Sub-section (2) of Section 29.
10. The writ petition stands allowed.
